![]() ![]() On December 6, 2012, the Bankruptcy Court conducted a hearing and denied the HESCO Defendants' motions to reconsider (R. The HESCO Defendants then moved the court to reconsider the reopening of the bankruptcy proceeding and to issue declaratory relief regarding the application of the judicial estoppel doctrine. On August 21, 2012, the Bankruptcy Court granted Sonnier's motion and reopened her bankruptcy proceeding. The motion disclosed Sonnier's alleged interest in HESCO LLC to the Bankruptcy Court for the first time. ![]() On June 13, 2012, Sonnier filed an ex parte motion in the Bankruptcy Court requesting it to reopen the bankruptcy proceeding and appoint a trustee. ![]() Based on this lack of disclosure, on May 29, 2012, the HESCO Defendants filed in state court peremptory exceptions of no right of action or alternatively motion for summary judgment on the basis that Sonnier is judicially estopped from pursuing her alleged interests in HESCO LLC. It is undisputed that Sonnier did not disclose to the Bankruptcy Court her claimed interests in HESCO LLC prior to the bankruptcy's closure. 3 After an initial closure and reopening of the proceeding, the bankruptcy was closed again on March 20, 2006. In January 2004, Sonnier filed for chapter 7 bankruptcy in the United States Bankruptcy Court for the Eastern District of Louisiana (the "Bankruptcy Court"). The Estate of James Heselden was the last of the HESCO Defendants served on (R. The Petition alleges state law claims for breach of contract, unjust enrichment, detrimental reliance, civil conspiracy and fraud. The Plaintiffs claim that the agreement gave them a 10% ownership interest in the gross sales of HESCO LLC in the United States. allegedly took part in drafting and negotiating the governing agreement. Primeaux and the law firm Kean Miller, L.L.P. ("HESCO Ltd.") and the Estate of James Heselden (collectively, the "HESCO Defendants") in 2003 requiring Sonnier and Gauthreaux to open a facility in Hammond, Louisiana, for the manufacture, promotion, sale and installation of HESCO Concertainers 2 throughout the United States. Gauthreaux allege, among other things, that they entered into an agreement with Defendants HESCO Bastion, USA, L.L.C. This action was filed in the 19th Judicial District Court of East Baton Rouge, Louisiana on Ap(R. 1 Based on the applicable law and analysis which follows, the Motion to Remand should be granted. This matter is before the court on the Plaintiffs' Motion for Remand (R. MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ![]()
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